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the policy of the united states since 9/11, including the bush administration, and the obama administration, for terror suspects apprehended within the united states to be treated in the federal system. there are two brief exceptions to that under the bush administration, even though two exceptions were treated in the civilian system. >> let me jump in. because senator graham was saying on fox just last night, or today, i'm fine with him getting tried in federal court. this is just about the initial designation. >> right. it's very difficult to actually designate somebody under the laws of war as an enemy combatant and not give them the rights and then try to drop them into the civilian system. you set yourself up when you do that. >> no -- >> let m point, jay. you set yourself up for all kinds of extensive challenges. there isn't a problem here. what you have i think is an enormous amount of public support right now for the job that law enforcement has done. and for senators who are not immediately involved in this thing, and many whom aren't even lawyers or been inside a court of law for
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